Calcutta High Court (Appellete Side)
Sri Laxman Roy vs Unknown on 23 November, 2021
Author: Debangsu Basak
Bench: Debangsu Basak
23.11.2021 Serial no.626 Ct. No. 29 (Through Video Conference) Aloke CRM 7259 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 29.10.2021 in connection with Dhantala Police Station Case No. 27 of 2019 dated 11.01.2019 under Sections 4/8 of the POCSO Act.
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In the matter of : Sri Laxman Roy ... ...Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Iqbal Kabir, Advocate ... ... For the State Petitioner renews the prayer for bail. Learned Advocate appearing for the petitioner submits that the charge against the petitioner framed on March 19, 2019 is under Section 8 of the POCSO Act. She submits that the petitioner is in custody in excess of two years.
Learned Advocate appearing for the State opposes the prayer for bail.
Considering the nature of the charge being under Section 8 of the POCSO Act framed on March 19, 2019 and considering the period of detention of the petitioner, we are inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional District & Sessions Judge, Special Court under POCSO Act, Ranaghat, Nadia, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at 2 liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court.
The prayer for bail is allowed.
CRM 7259 of 2021 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)